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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Tapati Paul – Petitioner
Versus
The State of Jharkhand and Others – Respondents
W.P. (Cr.) No. 146 of 2009
Decided On : 27-04-2018
Code of Criminal Procedure, 1973 – Sections 174, 176 – Suicide – Issuance of direction upon the Central Bureau of Investigation – Present writ petition has been filed for issuance of direction upon Central Bureau of Investigation (C.B.I.) to take up the investigation of U.D Case of Police Station – Writ petition is that son of petitioner, was working as a Senior Manager, at Steel Plant, and he was residing in Quarter – Petitioner got information that her son was in serious condition due to fatal accident – Having received said information, petitioner along with her husband and others rushed to where they were informed that her son had committed suicide in night – Petitioner along with others reached Quarter where deceased used to reside along with his wife and a minor son – Wife of deceased, gave written information of incident to Officer-in-Charge – Held, Court is of the considered view that the investigations in the cases of suspicious death should be scientific instead of old-fashioned personalized investigations by subordinate police officers which gives ample chance for manipulations and paddings in criminal cases seriously eroding the credibility of the police as a result of which even the Courts have started viewing the evidences collected by the prosecution with circumspection. – The credibility of investigating agencies has to be saved by improving the standards of investigation. – One way to improve the situation is to have more emphasis on scientific investigation by associating scientists in the process of investigation of the cases of suspicious death so that the truth is discovered leaving no shadow of doubt. – Director General of Police, Jharkhand shall personally look into the matter and initiate administrative proceeding against the police personnel who were involved in the investigation of this case and fix responsibility upon the erring ones. – Government of Jharkhand through the Home Secretary is directed to pay compensation of Rs. 5,00,000/- (Rupees five lakhs) to the petitioner being the natural victim of the case who has suffered immense mental agony over the years due to casual investigation by the State investigating agency. – Home Secretary, Government of Jharkhand shall issue appropriate direction to all the investigating officers not to deal with the cases of unnatural death in causal manner and to make endeavour to find out all the probabilities of death. – In that course, they shall follow the procedures prescribed under the law as well as to give more emphasis on scientific investigation. – Especially in the prima-facie cases of suicide, the investigating officer shall disabuse his mind of the tentative conclusion that the same is of suicide. – He shall also find out the motive of committing suicide. – Home Secretary, Jharkhand is also directed to ensure that there should be periodical orientation programme for the investigating officers as well as the doctors conducting post-mortem examination/autopsy so as to guide them regarding the manner/ procedure in which, the cases of unnatural death should be dealt with, and if necessary, to issue the appropriate circulars in this regard – Petition Disposed of.
RAJESH SHANKAR, J.
1. The present writ petition has been filed for issuance of direction upon the Central Bureau of Investigation (C.B.I.) to take up the investigation of U.D Case No. 11 of 2008 dated 08.10.2008 of Sector-IV Police Station, Bokaro Steel City.
2. The factual background of the case, as stated in the writ petition is that the son of the petitioner, namely, Joydeep Paul (now deceased) was working as a Senior Manager, CRM (M) at Bokaro Steel Plant, Bokaro, Jharkhand and he was residing in Quarter No. 7166, Sector IV-F, P.S. Bokaro Steel City, Bokaro, Jharkhand. On 07.10.2008, the petitioner got information that her son Joydeep Paul was in serious condition due to fatal accident. Having received the said information, the petitioner along with her husband and others rushed to Bokaro where they were informed that her son had committed suicide in the night of 06.10.2008. The petitioner along with others reached Quarter No. 7166, Sector-IV F where the deceased used to reside along with his wife Smt. Panchali Paul and a minor son, namely Sayantan Paul. Panchali Paul, the wife of the deceased, gave written information of the incident to the Officer-in-Charge, Sector-IV P.S. Bokaro Steel City on 08.10.2008.
3. As per the contents of the written report of Panchali Paul, on 06.10.2008 at about 9:30 PM, she asked the deceased to come alongwith her to a nearby Puja Pandal, but he told her to wait for some time. Thereafter, the deceased started having alcoholic drink. At about 11.00 PM, Smt. Panchali Paul told the deceased that she alongwith her son would be going to Puja Pandal. Thereafter, she returned from the Puja Pandal at about 12.30 A.M. and knocked the door, however, the deceased did not open the door. She thought that the deceased had drunk too much and as such she again went back to the Puja Pandal and stayed there for the whole night. In the morning, she returned home and knocked the door again, but the door was not opened. Thereafter, one person peeped inside the room with the help of a ladder and found that her husband was hanging with the ceiling fan through a bed sheet. On the basis of the information of Smt. Panchali Paul, U.D Case No. 11 of 2008 was lodged and the same was sent to the Court of the Sub-Divisional Officer, Chas Bokaro.
4. The husband of the petitioner made a representation before the Chairman of the Steel Authority of India Limited as well as the Director General of Police, Government of Jharkhand on 06.12.2008, and subsequently also highlighted that the investigation of U.D Case No. 11 of 2008 was not being done properly. He thus requested for a thorough investigation of the matter. Thereafter, the husband of the petitioner made another representation dated 02.02.2009 before the Superintendent of Police (AHD)/CBI, Ranchi requesting the CBI to look into the matter and take appropriate steps. However, the representations of the petitioner were not responded which gave rise to filing of the present writ petition.
5. Mrs. M.M. Pal, the learned Sr. counsel appearing on behalf of the petitioner, while arguing the writ petition, has insisted for referring the matter to the Central Bureau of Investigation by highlighting the following discrepancies in the investigation done by the State Police:-
(i) The ligature used for hanging was the most vital thing for investigating a case of death due to hanging only which could have proved the probability or improbability of ante-mortem preparation for death due to hanging, but the investigating officer did not make any seizure thereof. When the petitioner reached the quarter of the deceased at Bokaro, she found one piece of ligature hanging from the ceiling fan and the other piece lying on the floor. Those two pieces of the ligature (a bed sheet of double size) with blood stains were not seized by the police. The petitioner had kept those pieces with herself. Subsequently, during the pendency of this case, the same were handed over to the investigating agenc
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